Jega writes National Assembly
The Independent National Electoral Commission (INEC) is seeking powers to disqualify candidates as from the 2015 general elections.
The commission also wants a 10-year ban for those found guilty of electoral offences.
It has asked for an amendment to Section 31 of the Electoral Act to impose a N1million fine on any party which fields an unqualified candidate.
Such parties may also be disqualified from participating in that particular election.
Although INEC acknowledged that it is enjoying financial autonomy, it made a strong case for full independence to shield it from interference.
The commission’s 19 proposals are contained in a document, which has been submitted to Chief Ike Ekweremadu, Chairman of the National Assembly’s Constitutional Review Committee, who is also the Deputy President of the Senate.
Top on the list of the proposals is INEC’s demand for powers to disqualify candidates, an issue which dominated the countdown to the 2007 poll.
The document reads in part: “With such decisions as Atiku Abubakar V INEC and the proviso to Section 31 of the amended Electoral Act, the commission has no right to prevent even an obviously unqualified or disqualified person from being on the ballot.
“For example, it cannot prevent an under-aged or foreign citizen from contesting the election, even when this is obvious from the documents submitted or even a person who admits that he presented a forged certificate to the commission if it seeks to disqualify such persons.
“This is not desirable. It (INEC) should be empowered to do so, (subject, of course, to judicial review), if there is a prima facie case shown from the documentation that the candidate is unqualified , after all, it is not only a management body, it is also a regulatory one and should have some powers in this regards, just like such bodies as the NDIC or Central Bank of Nigeria (CBN) (in revoking bank licences, approving bank director nominees etc) or NAFDAC (in sealing unregistered pharmaceutical premises or seizing bad/ expired drugs), Standard Organisation of Nigeria (SON), Nigerian Communications Commission (NCC) etc.
“In this regard, Part 1, Paragraph F, item 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999( as amended) dealing with the powers of the commission be further amended by inserting the clause “disqualify candidates who evidently do not satisfy the requirements for the position he /she is contesting for as provided in Sections 65, 66, 106, 107, 137, 177, and 182 of this constitution” immediately after clause (f) thereof.
“The commission shall notify the political party of the disqualification of its candidate and the grounds for the disqualification.”
On party primaries, INEC has asked for amendment of Section 87(9) of the Electoral Act, which would make it mandatory for all candidates to emerge through a free and fair democratic process.
It urged the National Assembly to endorse its proposed amendment to enable it to disqualify a political party with flawed and undemocratic primaries from fielding candidates for any of the said strand of poll.
INEC said: “To further promote internal democracy, the emergence of candidates for elections should be on a democratic basis. A variant of the provision in Section 87(9) of the Electoral Act (before amendment) should be reintroduced thus: ‘Where a political party fails to comply with the provision of the constitution or this Act in the conduct of the primaries or nomination of any candidate for election under this Act, its candidate shall not be included in the list of nominated candidates for the election.”
On indulgence by unqualified candidates to win election, INEC is proposing that once a court establishes such an infraction, there will be no fresh conduct of election for any affected seat or constituency or district.
The document said: “It suggested that subsection (6) of Section 31 be amended to make provision that where the Court finds that a candidate submitted by a political party did not meet the qualifications required for contesting the office, the court shall disqualify the candidate from contesting the election. Where, however, the person has been elected, the court shall order the person to vacate the office and the candidate with the second highest votes cast who has met Constitutional requirement for the post shall be declared elected. This suggestion is to avoid the waste of public funds to repeat election consequent upon removal of disqualified candidates.
The commission is also seeking a 10-year ban for electoral offenders or any person who commits party breaches.
The document added: “Any person convicted of an Electoral Offences (including registration offences, campaign finance breaches and breach of party finance provisions) should be disqualified for a period of 10 years from the date of conviction from contesting any election or holding any party position.
“Thus, be it enacted the clause ‘within a period of 10 years before the date of the election, he has been convicted of an electoral offence by a court or tribunal and inserted immediately after each of paragraph (d) of Sections 66, 107, 137, and 182 of the Constitution of the Federal Republic of Nigeria’.
But to deal with electoral malpractice, INEC is proposing an Electoral Offences Commission and Electoral Offences Tribunal.
The Commission, according to INEC, will have powers to investigate and prosecute breaches of electoral provisions, taking such tasks off the electoral body.
“It is not in doubt that electoral matters are by their nature sui generi, so also are breaches arising from relevant electoral provisions. There is therefore the need to establish an Electoral Offences Tribunal to guarantee timely prosecution of electoral offenders,” INEC wrote.
On pre-election disputes, INEC pleaded with the National Assembly to provide for a timeline to resolve such and rid the electoral process of distractions.
INEC said: “It is thus recommended that any action challenging the conduct of primaries by a political party shall be filed within 14 days of the accrual of the cause of action.
“In this regard, subsection (9) of Section 87 of the Electoral Act 2010(as amended) be further amended by including timeline within which a candidate shall seek redress.”
The electoral agency equally sought for full independence to be able to discharge its responsibilities without fear or favour.It praised the National Assembly for its 2010 amendments to the Constitution that made its expenditure a first line charge.
It said: “Furthermore, the Chairman and National Commissioners are required to be non-partisan (Section 156 and paragraph 14(2) (a) of 3rd Schedule). The amendment to Section 160(1) also empowered INEC to make its own rules and regulate its procedure without recourse to the President. However, a bit more can and should be done to strengthen its independence.
“Thus, the following amendments are proposed. The Commission is, like other named Federal bodies established by Section 153, not subject to the direction or control of any person or authority ‘in exercising its power to appoint or discipline its staff’. The National Population Commission (NPC) is, however, given additional independence in its operations in Section 158 (2). This should be the same with INEC. The independence of INEC should be constitutionally guaranteed in all its operations and its management and control of the electoral process, as was the case in Decree (now Act) 17 of 1998 which first established the Commission before the 1999 constitution. Thus, be it enacted a new subsection (3) to Section 158 providing as follows: “The Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person in all its operations.”
On Nigerians in the Diaspora, INEC has sought for amendment to Sections 77(2) and 117(2) to allow them to vote.
Earlier, in a letter, Jega said some of the proposed amendments are designed to strengthen the independence of the commission.
He praised the National Assembly for enhancing electoral activities.
